Keeping up with the law

Judges discuss legal topics at conventions

Judges discuss legal topics at conventions

May 10, 2007|By Scott Waltman, American News Writer

Area courtrooms aren't quiet this week because judges are home battling floodwaters. Instead, most South Dakota judges are in Oacoma at the In-State Judicial Convention. The semiannual convention gives judges a chance to discuss legal topics with their peers. Generally, Judge Tony Portra of Aberdeen said, the spring conference deals with legislative matters. Each year, state lawmakers pass new laws, and judges need to learn about how they impact the legal system. Guest speakers will also touch on other issues, Portra said. The conventions, however, aren't the only ongoing training for judges. For example, Magistrate Mark Anderson of Aberdeen returns from Oacoma on Friday only to leave a couple of days later for two weeks at National Judicial College in Reno, Nev. National Judicial College offers a host of courses dealing with everything from tribal court issues to commercial driver's licensing laws. Anderson is going to a session designed for magistrates. As a relatively new judge, he expects he will learn some of the basics needed to effectively operate a courtroom. Some of the agenda items include:

Working effectively with court interpreters.

Determining appropriate sentences.

Conducting criminal hearings and trials.

Stress reduction techniques. Anderson said one thing that will probably be discussed is the script that judges use to inform people accused of crimes of their constitutional rights, the potential penalties they face and other such information. Local circuit court judges have helped him prepare his current script, but it could be fine tuned at National Judicial College, he said. Most legal conferences Anderson has attended have provided what he calls “confirmation training.” In other words, they help judges and lawyers affirm that they are doing things properly. Judge Jon Flemmer of Webster said he attended National Judicial College in 1991 as a magistrate and again in 1999 after he became a circuit court judge. Attorneys and judges from across the nation serve as faculty members at the National Judicial College, he said. “I felt like it opened your eyes to a lot of different (ways) to do things or look at things,” Flemmer said. He said that most South Dakota judges go to National Judicial College not long after they take the bench. The sessions offer a chance to pick the brains of judges from other states. Flemmer said that sometimes National Judicial College faculty members speak at In-State Convention sessions. Portra said that, aside from talking about new legislation, this week's training in Oacoma will feature speakers who talk about how to deal with habitual drunken drivers, recent Supreme Court opinions, South Dakota's 24/7 program - which keeps people with alcohol problems out of jail if they check in with their local sheriff's department - and other topics. Portra said one talk is titled “Freedom and Empathy: Making Sense of Confusing Experiences.” Last year, the legislature approved a considerable overhaul of the state's criminal code. That was a major discussion item at the spring state convention. This year, the legislative talk shouldn't be so overwhelming, Portra said. The conference concludes Friday, meaning the state's courtrooms should return to form on Monday.